SCHEDULES

SCHEDULE 46Ordinary residence

PART 2Income tax: arising basis of taxation

ITA 2007

63

(1)

Section 728 (individuals receiving capital sums as a result of relevant transactions) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a), omit the “and” at the end of sub-paragraph (iii), and

(b)

at the end of paragraph (b) insert“, and

(c)

the individual is UK resident for the tax year.”

(3)

In subsection (3), for paragraph (b) substitute—

“(b)

whether the individual is UK resident for the tax year in which the relevant transfer abroad is made (if different from the tax year mentioned in subsection (1)), or”.